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in order that
was inaugureted or inaugurated
Oct 18, 2013 08:48
10 yrs ago
22 viewers *
English term

which is not known to the general public

Non-PRO English Law/Patents Law: Contract(s)
Service Provider may acquire or may have already acquired knowledge of, or access to information which relates to the business, operations, products or plans of COMPANY X (or its clients) which is not known to the general public (hereinafter “Confidential Information”).

My question: the info is not known to the public because it is kept in secrete or it is not leaked out?

If an info has not publicised by the company x but leaked out by any reason to only one or a few people (not on the newspaper) then, is it considered as not known to the general public?

If an info has not publicised by the company x but leaked out by any reason to the newspaper or on the interet then, is it considered as not known to the general public?
Responses
4 +3 statement of fact, not cause
Change log

Oct 18, 2013 09:27: Steffen Walter changed "Field" from "Art/Literary" to "Law/Patents"

Votes to reclassify question as PRO/non-PRO:

PRO (1): Steffen Walter

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Discussion

Inge Luus Oct 18, 2013:
The info is not known to the public because only the service provider and the company (people involved with the project/product) know about it. If any info is leaked, then it depends on where it is leaked to as to whether it is public knowledge. If it is leaked to the newspapers it will become public knowledge (and penalties from the contract will apply). If the info is leaked only to your spouse, it is not public knowledge, unless your spouse tells it to all the world (and contractual penalties will still apply). The reason companies have confidentiality clauses is so that leaks are avoided.

Responses

+3
9 mins
Selected

statement of fact, not cause

The phrase 'which is not known to the general public' is a statement of fact that does not give or imply any cause why the information is not known to the general public. A hint that it is not known to them because it is not disclosed to the general public or any person who may disclose it to them is given by the subsequent phrase 'hereinafter “Confidential Information”'.

Incidentally, "information" is a collective noun and so cannot take the indefinite article.

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Note added at 12 mins (2013-10-18 09:00:47 GMT)
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It would be a translation error for you to insert a cause that is not there in the source text. Legal documents are often carefully drafted to avoid their terms being limited to particular types of case and you would be inserting just that sort of limitation by saying why the information is not known to the general public.
Peer comment(s):
agree Tony M : Hear, hear!
17 mins
Thanks Tony!
agree AllegroTrans
1 hr
Thanks AT
agree Daniel Weston
6 hrs
Thanks Daniel
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4 KudoZ points awarded for this answer.
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